Sebastien Metrot writes: > Halion does use the smae technology BUT steinberg have shown that they have > been using an equivalent algorithm before the patent have actually been > granted to Nemesys. "Where?" will you ask? Well, in cubase of course! Every > audio sequencer I know of have to do read ahead of audio data if they want > to be useable! So for exemple if Paul have been using an equivalent scheme > in Ardour I believe he has the right to create a sampler using this > algorithm without any problem.
IANAL (as always) but my understanding is that any use -- even use before the *filing* of the patent -- becomes subject to royalties when the patent is granted. Of course, if you used the idea before the patent-holder came up with the idea, that would invalidate the patent. It's my understanding that under US patent law, the ``race to the patent office'' to determine precedence doesn't really happen -- who wins is based on who can document having had the idea first, regardless of who files first. -- Joseph J. Pfeiffer, Jr., Ph.D. Phone -- (505) 646-1605 Department of Computer Science FAX -- (505) 646-1002 New Mexico State University http://www.cs.nmsu.edu/~pfeiffer Southwestern NM Regional Science and Engr Fair: http://www.nmsu.edu/~scifair
